The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-07-14
WASHINGTON NEWS.
APPLICATION DENIED.

4
| APPLICATION DENIED.
WASHINGTON, July 6.-Secretary La
mar to-day denied the application made
on behalf of the heirs of John F. Bou-
ligney for certificates of location
amounting to "a, $40 acres in satisfac
ton of the one-sixth part of the private
land claim of one Dauerive, confirmed
to said heirs by an act of March 2, 1867,
The act referred to confirmed the claims
and directed the Commissioner of
the General Land Office to issue the
certificate of location. Twenty-eight
days thereafter Congress passed a joint
the General Land Office to issue the
certificate of location. TWenty-eight
days thereafter Congress passed joint
resolution suspending the execution of
the cOntirmatory act which resolution
still remains intact. 1t was urged in
behalf of the claimants that the joint
resolution Is unconstitutional, and that
the Secretary of the Interior should so
declare it. This the Secretary declined
to do, holding that the courts are the
proper tribunals to determine the con-
tltutionality of an act of Congress.
DRoUTH IN COLORADO.
Commissioner Sparks, of the General
Land Office, has received letter from
a public land entryman in Eastern
Colorado, stating that the drought has.
already greatly damaged the crops in
that section, and that if it continues
much longer the crops Will be complete
failures; that insects have destroyed
the growing vegetables, and that there
is absolutely no field for stock. The
forced to leave their holdings to obtain
the necessities of life, and asks if this
absence will operate to defeat their
claim when final proof is offered. The
Commissioners answer is important.
as indicating the policy of the General
Land Office with respect to these cases,
OF which it is stated there are a large
number in different parts of the West.
The Commissioner says the distressing
situation you have mentioned appeals to
my strongest sympathies in favor of
actual settlers on the public domain
who are suffering from drouth and loss
of crops, and whatever relief may be
possible within the discretion of this
Office will be extended to enable them to
preserve their claims. Settlers who
are obliged to leave their claims on ac-
count of the drouth should be pre-
pared to account for their alb
they make final proof; but in such
cases proof should not be offered until
the law has been fully complied with.
After their return to the land an EN-
forced absence on account of climatic
reasons will not imperil the claim il the
fact is established when proof is made,
and if proof is not attempted to be
made in advance of the time when the
residence improvement and cultivation
required by law can be satisfactorily
shown.
WASHINGTON, July TO. w. Sage,
dealer in doors sash and blinds in
Rome, N. Y, complains pathetically to
the Interstate Commission that he is
being ruined in his old age by the high
freight rates to Boston and New Eng
land points. Since the law went into
effect the old rates, S25 per car, have
been increased to $36 and $48. He asks
if the Commission cannot do some
thing to save him from ruin.
HIS PLANS CHANGED.
1t is practically settled that the
the President will not visit the West
at all during the present year. The
abandonment of his proposed visit
to st. Louis has resulted in wholly
changing whatever plans he had made
for visiting Western cities. 1t was stat
ed ut the White House this afternoon
that the only plans the President has
the summer or autumn are those for
his visit to Clinton, n. Y, on the 10Th
inst, which will probably not consume
altogether more thau Il weeks time,
and for his visit to Atlanta i'll October
next, on the occasion of the Georgia
state fair.
RECEIPTS AND EXPENDITURES.
The Government receipts since July
1st amount to SAT- ,6S4, and the eX-
penditures to $l5, 56T ,4S7, OF SO ,089 1903
in excess of the receipts.
SPARKS DECISION REVERSED.
The Secretary of the interior to-day
rendered a decision in the Fort Boise,
Idaho, military reservation case which
is important as involving the question
of the right of the President to put in
reservation public lands not authorized
by an act of Congress. The case briefly
stated is as follows: On April 8, 1873,
acres for Fort Boise, Idaho; on Septem-
Der Is, 1884, he put in reservation 5S7
acres adjoining for the purpose of said
Fort. On April 10, 1884, the military
authorities transferred the latter reser-
walton to the control of the Secretary
of the Interior for disposal. In
1885, certain soldiers went to the
latter tract and applied to take it up
under the homestead law. The Com
rejected their claims on the ground
that the land was held in reservation.
Secretary Lamar in his decision re-
verses that decision and awards the
land to the settlers. The decision is
based on the act of February "a, 1888,
which limits the amount that may be
reserved for the purpose of fort to
$40 acres. The Secretary holds that
the President had no authority to put
in reservation an amount greater than
that fixed by Congress, and that the
excess over that amount is subject to
deposit under the general land laws,
Notwithstanding the order declaring
the reservation.
A VALUABLE COLLECTION.
A valuable collection, numbering
more than 10, 900 objects illustratingt the
habits and accomplishments of pre-
historic man in western Europe, was
opened to public exhibition at the
Smithsonian institute. These were
gathered during five years residence
abroad by Mr.. Thomas Wilson, ex-
United States Consul at Nice, and his
| wife. They have been so arranged as
to illustrate the gradual progression of
the race from the beginning of the
palalithic epocn of archaeology (the
quarternary of geology down to and
through the bronze age to its merging
with the iron just preceding the dawn
of historic time.
eve Them A Chance:
That is to say, your lungs. Also all
your breathing machinery. Very Won
derful machinery it is. Not only the
larger air-passages, but the thousands
i